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Seychelles decisions
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R v Lafortune & Ors (CO 11 of 2022) [2023] SCSC 369 (19 May 2023)
The Supreme Court of Seychelles sentenced three accused after guilty pleas for vehicle use, conspiracy, and property damage, imposing suspended custody and fines.
R v Roseline & Ors (CR 43/2021) [2021] SCSC 893 (17 May 2021)
The prosecution failed to establish a prima facie case linking any of the accused to the alleged robbery or related offences. The affidavit in support of remand was insufficient, relying on allegations rather than verifiable facts. The presumption of liberty under Article 18(7) of the Constitution was not rebutted.
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R v Monthy & Ors (CO 39/2015) [2017] SCSC 960 (9 November 2017)
The court found that the prosecution's evidence, corroborated by multiple witnesses and physical exhibits, established beyond reasonable doubt that the accused (except Savio Hoareau and Joel Servina) threatened violence, damaged property, and engaged in disorderly conduct at the police station. The accused acted with common intention and are jointly liable. The defence's arguments were rejected as not supported by the evidence.
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Raoudy v Republic (CN 34/2016) [2017] SCSC 879 (11 June 2017)
On appeal against sentence, the Supreme Court reduced the appellant’s term on one count, kept the other sentence, and ordered the sentences to run concurrently in this case.
R v Lagrenade & Ors (CO 53/2015) [2017] SCSC 269 (23 March 2017)
The prosecution failed to prove beyond reasonable doubt that the first accused intended to cause grievous harm as required under section 219[a], but proved he unlawfully caused grievous harm under section 221. The second accused was found guilty of damaging property. There was insufficient identification evidence against the third, fourth, and fifth accused.
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Volcy v R (CN 57/2014) [2015] SCSC 128 (12 May 2015)
The Magistrates exceeded their sentencing powers as provided for in section 6(2) of the Criminal Procedure Code, and the total sentence imposed was harsh and excessive given the circumstances and value of items stolen. The sentences are reduced and ordered to run consecutively, resulting in a total of 21 years imprisonment.
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R vs Raoudy (CN 64.2013) [2014] SCSC 259 (21 July 2014)
The Supreme Court of Seychelles upheld a 5-year sentence for stealing from a vehicle but ordered a 12-month sentence for property damage to run concurrently.
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